>> good morning everyone. i am patly ann brown. >> i am heather nauert. it is wednesday october the 10th. thank you for getting up with us and watching "fox & friends first". it is time for your 5@5. >> a man wearing a bulletproof vest and flame retardant pants was arrested at the airport. what was in his bag was even more disturbing. yonda harris was his name. he was stopped after arriving on a flight from japan n. his bag they found a smoke grenade, body

bags, a bio hazard suit, handcuffs, knives, a hatchet, billy clubs hard to image even more than that. he was heading to boston. that's where he lives. no word why he has all of those items. he faces 5 years in prison. could the book be closing on affirmative action at colleges? they will hear arguments on whether race should be considered in admission to public colleges and universities. the case centers around abigail noel fisher. her rights were violated when they rejected her in favor of minority students instead. >> the letter s is for stop. sesame street telling the obama campaign to stop showing a big bird in a new campaign ad. it is mocking mitt romney for saying he likes big bird but would cut public funding for pbs. the obama campaign says it is fair game. in a statement sesame street

workshop says sesame workshop is a nonpartisan nonprofit organization and don't participate in a political campaign. we have approved no campaign ads and as for general profits we request the ad be taken down. mitt romney says he believes there are more important issues to focus on in the campaign. >> stacy dash is getting a big support from paul ryan. she tweeted vote for romney the only choice for your future. dash now reveals paul ryan called her to say he and mitt romney appreciate her support and she was brave to speak out. on hannity janeane borelli expressed outrage for the attack. >> the real war is against black conservatives. there's a war on women. that's the real war on women. >> dash says she supports romney because of the content of his character. she was in the movie

"includele"clueless." >> gas prices pier to be sort of leveling off. the average price of gallon up three tenths of a cent yesterday. a whole lot of gas stations are still selling gas for more than $5 a gallon. experts say the prices could start to drop off the next few days. that is your 5@5:00. in a few hours the house over site committee will hold a hearing on the benghazi terror attack. doug luzader is live in washington. the state department last night dropped a bombshell saying they never thought what happened at the compound in libya was part of a spontaneous protest. the investigation is continuing. what we are seeing is a white

house. the united nations first protested an anti muslim film. chris stevens is not clear what if anything she was basing that on. the state department said it wasn't them. according to one official that was not our conclusion. h this as congress gets ready for hearings today. >> the thought that it was caused by a video never wouldn't stood scrutiny. i think the hearing will be damaging damaging. >> the white house denies there was a cover up. this and the fbi investigation continues. looking at the attacks the reason for people in congress being mindful of the fact there's ongoing investigation and not reveal anything that

might compromise our law enforcement investigation. beyond all that there will be questions about the security at the compound and whether there were warning signs that should have prompted the state department beefing up security detail. they had a big conference call about this last night. they did not invite fox to be a part of that with other members of the media something the state department later apologized for. >> from libya to iraq it is time to take a look at who is talking. >> another talk about the threat offal guide. the terror group is currently rebuilding in the country of iraq. they are trying to regain strength. this tells a different story than that of president obama. >> i told you i would end the war in iraq and i did.

i said i would end the war in afghanistan and we are. i said we would refocus on the people who actually attacked us on 9-11 and today al qaeda is on a field and os bama bin laden i no more. >> the president should be careful when saying quote al qaeda is on the heel. >> i think it is true they are on their heels but they are still very dangerous. it is an incredibly dangerous world. you have lara logan who is an on the ground reporter saying -- >> a good one. >> and a determined one saying this is what i see, danger. if you go to the intelligence professionals who play a key role in putting al qaeda on its heels, when they hear the president say something like that they gasp.

because that is an innocent -- incentive for al qaeda. we have done things in the intelligence world. we no lots of things that are going on. we have disruption tactics. when the president says something like that it -- the people that actually do it or the cia are going to say we have a source or we have a bug some place, and the people who really know that business come in each morning with their fingers crossed 40e7ing they have not lost that source because those sources go wayover night. >> you heard lara logan the veteran cbs news correspondent who slammed the obama administration for saying the taliban have weakened in

afghanistan. maria molina got up bright and early for us. >> it is a dreary morning across the new york city area down into portions of new jersey and philadelphia. you will need the umbrella into connecticut and massachusetts and this patbatch of rain contis before moving into portions of new england. otherwise as we head westbound we have another strong cold front pushing through michigan and indiana and northwestern part of ohio producing areas of heavy rain out there right now. behind that front it will get cooler once again. temperatures continue to plummet. they have been spinning off the coast of california will finally begin to move on shore. it will be increasing the rainfall through california and nevada and eventually into the

four corners. 26 right now in rapid city. 36 over minneapolis. 50 in new york city. as we take a look at the high temperatures as we head into the afternoon hours 53 in minneapolis. big warm-up in rapid city. >> maria molina, thanks. it's time for stories you can bank on this morning. small businesses taking a wait and see approach when it comes to hiring and spending. joining us to explain is lauren simonetti from fox business network. >> nice to see you. a survey showing optimism falling in the nation's small business is in september. the spending cuts from the fiscal clip starting to get them nervous. they have scaled back on hiring plans and they are spending less money on new equipment. those are the numbers. the u.s. is suing wells far go. >> the government is suing wells far go accusing the nation's biggest lender of reckless

lending for nearly a decade. the u.s. is seeking hundreds of millions of dollars in damages. the suit is the largest this year alone. the latest victim of a cyber attack. >> possible terror link. many had problems with the bank site yesterday. that was a day after a hacker group claiming to be with an islamic terror organization issued a threat in retaliation of the anti islam film that aired last month. it would target suntrust today, regens financial tomorrow it won't stop until that video is removed from the int >> interpr n -- internet. 10 after the hour. tsa just busted bags without even checking for bombing. we 4r6 a shocking report coming up. the air bag in your car might be bogus, what you need to know before you hit the road this morning. the national average 3.81 a gallon.

good morning it's now 14 minutes after the hour. here's a look at what you missed while you were sleeping. another report about failures at the tsa. the inspector general revealing honolulu international airport preetedly failed to check bags for explosives before putting those bags on a flight. more than 30 workers have been fired so far. a new safety warning for drivers who have had air bags row replaced sometime in the last four years. the powder fit air bags were installed in thousands of cars across the country.

those bogus air bags may not inflate right away or even at all. they say you should check the national highway traffic administration's web site to see which vehicles are affected. another look at who is talking this morning. there is a lot of buzz against tomorrow's vice presidential debate. that's where joe biden and paul ryan will square off for the first and only time. >> both biden and ryan are on the campaign trail for the big show down. biden has taken the entire week off. this is a strategy clearly for the obama campaign. here is dana perino on "hannity"." >> they are taking this bee late a l -- debate a lot more seriously. i think it was smart to get him off the campaign trail. >> it was smart to get him off the campaign trail. >> a whole week? >> he would have done something that is a gaff and would have played all of the way going into

the debate. no one will see him until thursday. that is a smart strategy. >> i think they are scared to death not just the gaff i mentioned but they are going to raise taxes over a trillion dollars. biden says the last four years the middle class has been buried under obama's policies. i assume big bird is on the table. >> a good word -- you sat tw th edge paul ryan had when he finishes the interview with the local reporter yesterday. he gave a little pop in the face. for the people on the right who are looking for a little red meat they will find somebody who is charming super smart and able to deliver a message. for biden to help resurrect pomomentum. >> be sure to tune in to fox

news tomorrow. we will have coverage with megan kelly and brett braer. >> this leads us to the brew on question of the day. what would you ask joe biden and paul ryan? >> you can tweet them to us@fox friends first. or e-mail us at foxfriendsfirst@foxnews.com. 17 minutes after the hour. the death tole is continuing to rise this morning and the frightening meningitis outbreak. 13,000 americans could be at risk. we are going to tell you what you need to know about this. dr. seigel who specializes in diseases. one man as story about how he worked as a double agent inside al qaeda. flush

>> 21 after the hour. there is concern members of the military won't be heard. they failed to send absentee ballots before the 45 day deadline. anthony prince peon behalf of the romney campaign the deadline to receive ballots needs to be extended. the one handed terror suspect pled not guilty of conspireing to set up a training camp. he was extradited from britton friday. he was spend the rest of his life in prison, al masri.

>> a deadly meningitis outbreak is worsening this morning. there are reports of 12 deaths so far but they are only confirming 11 deaths so far. the cases have grown to 119. this stemming from the steroid injection used to treat back pain. how do you know you are at risk? something a lot of folks have been talking about. dr. fox seigel is here to explain. good morning, doctor. they needed steroids as many as 13,000 doeses may be infected. you say it's not time to panic. why? >> if you can't get a shot in massachusetts all you have to do is check with your physician or where you got the shot and say where did this come from? was it at a middleman pharmacy or compounded? you are not going to get it from touching someone who has this or

even exposed. most of the 13,000 people who got the shots are probably not going to get sick. we have to track them and the cdc.gov is going out and following them for several weeks to make sure they don't get sick. >> we can't necessarily trust the cdc.gov or state health department will contact people received the tainted vials. people should contact their doctor. >> correct. >> it is important people too panic especially those that got it from a pharmacy. >> if he received it from the tainted pharmacy, i am familiar with the case of a young woman who actually did she is in the hospital very, very sick. what do you suggest families do? >> if someone gets the shot and gets symptoms of meningitis they should probably be treated. what symptoms? headache, nausea, fever,

lethargic, lose your energy, lose your balance. bright lights bother you. these are the classic symptoms. you may not have all of them or any of them but if you are not feeling well you should be seen by your physician. >> people can get seizures as a result. >> it is an infection of the lining of the brain. it's a big souping word. there are many different kinds of meningitis viral, bacterial. we are talking about a fungus which is a plant that grows in the atmosphere and in the soil. in this case it probably wasn't sterilized from this particular pharmacy. >> how well egypt are doctors to deal with this? >> i think they are. any one that has their thinking cap on is going to say where did this come from? you do a spinal tap if you are concerned to get fluid to see if it is infected. you can know whether it is a possibility or not. >> the fda doesn't regulate this

type of pharmacy which it sounds like they should regulate this. what do you think? there is not federal jurisdiction over this middleman pharmacy for the fda. unit i say government over reach i believe there should be regulations and law that is allows the fda to go in and monitor the situation. many of them are very safe many are effective. but without that over reach you can't be sure the sterilization procedures are in place. >> be weary of all things injected into our body. it's not like it's a vitamin. that seems a little less harmless. >> make sure the stretreatment are getting is something you need. it is 25 minutes after the hour. coming up big bird is now at the center of tanks in a heated

election debate. the sesame street character is in the new ad campaign. there are demands for the obama campaign to take big bird out of the ad. check out this guy p ant explosion. it happened near california's beautiful wine country. why aren't the nearby wine owners too concerned about it. we will explain. 1845, the sushu.s. navel academ opening up in indianapolis, maryland.

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>> good morning to you. welcome back to "fox & friends first". it is time for your 5@5:30. the top stories making news at this hour. we are hours away from getting word from benghazi. including a former head of a special forces security team. he says extra security is denied. a document revealed there were 230 different security incidents over a one-year period before the attack. this comes as they continue to back pedal after it happened. we learned it finally admitted there was never any froes outside of the consulate there.

the state department denies it was linked to an anti islam video. a cia have a double agent working inside al qaeda? a danish man calling himself morton storm saying he was a former radical who was by danish intelligence. he teamed up with the cia in order to infiltrate al qaeda. he has such close ties to the cia even president obama knew his name. he says he sent the cleric killed in a drone strike earlier this year a u.s. stick that helped track thhim down. there has been no comment from the cia. >> a colorado girl jessica ridge way you can see the park illuminated by beams of a flashlight. that's the sim poll they won't stop searching for jessica until she is found. they have released this video of the 10-year-old hoping people will become familiar with her.

jessica's parents have denied any involvement in her daughter's disappearance. >> everybody that is here knows i didn't do anything and knows jeremy or nobody in this room did anything to harm her, a little hair on her tiny little head. >> probably the worst thing i have ever been through. >> cops are now analyzing a backpack found 6 miles from where jessica vanished last friday. >> a decade's old crate full of highly flammable surge gal gas gone in just second members of a bomb skwud in california safely detonating nearly 100 cans of either at the fair grounds. authorities discovered this crate on monday. it had been stashed there since 1950s. it was part of a program to set up an emergency hospital just in case of a disaster. >> the tsa is accused of humiliating a woman dying of

cancer. michelle den nay claims she called ahead and made special arrangements at see at ill air force. agents still gave her a full pat down lifting her shirt and she says pulling back her band damages line. one punctured her saline bag and ruined it. she asked for a private pat down. in response the csa said any time a passenger requests a private screening they should be granted one. an investigation is underway. that is your 5@5:30. less than four weeks away from the presidential election. president obama is making big bird a big issue on the campaign trail. peter doocy is following the big bird scandal. he is in washington. mitt romney pulled ahead in the polls yesterday by 0.7

percent for the first time in almost a year. while he was stumping in iowa following the six electoral votes he said he put so much debate energy into the attacks with big bird. >> these are tough times and serious issues you have to scratch your head with then the president spend the last week talking about saying big bird. i think we need to have a president who talks about saving the american people and saving good jobs and saving our future. >> the obama campaign has a new ad out depicting mitt romney as someone who will put a target on big bird's back while letting wall street criminals like bernie madoff and ken lay do as they please. sesame street workshop which received more than a million dollars in stimulus money in

2010 said they canned i asked te obama campaign to take the ad down. they will review their concerns. president obama is taking his sesame street story to ohio. >> for all of you moms and kids out there don't worry. someone is finally getting tough on big bird. who knew that he was driving our deficit. we are going after that. we are going after big bird, elmo is making a run for the border, oscar is hiding out in a trash can and governor romney wants wall street to run wild again but he is going to bring down the hammer on sesame street. >> the r&b has enlisted another character the count to defend against the president's claims. the image has been making the rounds on-line that says at recent campaign events president obama mentioned big bird 8 times

elmo five times while failing to mention libya or a plan to fix the economy. h in honor of the count i will say there's only 27 days left until the election. >> who would have thought elmo and big bird would make such a big smash on the campaign trail. >> we are taking another look at who is talking. last night the use of big bird in the president's campaign ad sparked a heated debate with sean hannity and juan williams. >> this was a dodge. big bird is introduced in the conversation by governor romney. >> that's the point. -- (talking over one another) >> he did it as a dodge so he wouldn't have to talk about the fact that he distorted -- (talking over one another) >> i will never raise taxes on the middle class. forget about the fact that -- >> hold on. obama says fix the debt. romney says if we are going to

borrow $0.40 ever every dollar i am going to cut out the spending this president won't cut. fox news contributor jonah goldberg also talking about this. it seems the president is trying to make a joe the plumber moment out of this. >> you have to have a heart of stone not to laugh what the left and obama campaign are going through. in 2008 obama said if you don't have a record to run on then you paint your opponent as someone people should run from. you make a big election about small things. 28 days to the election and he is trying to use big boyered as joe the plumber. joe the plumber was a far more significant representative issue than anything big bird represents. charles krauthammer saying it is trivial and diminishes the

presidency. >> before you leave the house this morning let's get the first degree weather update. maria mol lean naz has temperatures. >> good morning everyone. it's a cold morning across portions of the midwest. 26 right now in rapid city. the good news for some of you it is warming up significantly. big dramatic change in temperatures from the morning hours into the afternoon. across the northeast 53 in new york city. 48 degrees in cleveland. a lot of clouds it will be a camp dreary day. texas 88 degrees in san antonio. a big change to what we have had across texas and across los angeles. dealing with drizzle across the

philadelphia area, new jersey and portions of long island and new york city. you need the umbrellas. we have a strong cold front coming through. thank you so much. it is time to entertain this and the nominations are out for the 40th annual american music awards. nikki minaj and rihanna lead the heat with 4. >> justin bieber one direction and usher earning three nods. not one but two all stars were sent packing on dancing with the stars last night. >> the couple with the lowest overall total of judges scores and viewer votes and leaving the competition right now is drew and anna. another former champion falls.

eleo and chelsea. >> indy car driver elio andrew lachey both voted off the show. >> i know you lo that show. >> also this jack osbourne helped save a woman's life on his honeymoon. the reality star's wife broke the news on twitter saying proud of jack and his son tyler who saved a woman on the beach who had a heart attack and drowned. they resuscitated her until the ambulance came. we found out she is in stable condition. >> now to your starting lineup. sports stories making headlines at this hour. roger cadell upholded the ban he upheld a 4 game ban for smith. he reduced the sentence for two others. ryan is sticking with sanchez.

the jets coach saying he is still the team's starting quarterback. he is in one of the worst slumps of his career. there are growing calls to start tim de bow. tied 1-1 in the tenth. he has a hard time fielding the ball. the throw isn't in time. buster pose zee scores for the giants. jack kozar grounds out. they win 10sh 1 s. not ready for the off season. the a's beating the rangers 2-0. >> you are good at that sports there patti ann. way to go. 20 minutes before the hour. we have startling economic data to tell you about this morning. there is a new report that says conditions are worsening for some middle income households. >> restaurant chains like olive garden and red lobster forced to reduce the hours because of the

higher cost of obama care. >

>> 44 after the hour. let's span the globe and see what's going on ore seas. >> netanyahu banishing the coalition government and early parliamentary election. they have not agreed on a budget for 2013. the el leshgs scheduled for october of next year will likely take place by february. in pakistan doctors successfully moved a bullet from a 14-year-old girl who was shot in the head by the taliban. the group added her to the kill list this spring because she was speaking out for education for women. the horrific attack happening on a school bus. her condition is said to be improving. the devil killer similar to this u.s. made drone has been developed.

it uses a video camera and gps device to identify targets. it can reach a speed of 250 miles per hour and strike a target 25 miles away in 10 minutes. the devil killer expected to be out by 2015. >> quite a name, devil killer. if you are struggling to pay your bills like other families are there's a new report out that says financial woes are now deepening for many families. >> an index cal ratculated by consumer report says financial problems are getting worse for middle americans. it depends strongly on where you live. the trouble tracker which has people facing financial difficulties and number of hurdles they encounter showed financial troubles rose sharply or second consecutive month in october with overall difficulties for households earning 50-90,000 dollars a year

up 12.4 percent. the report sites job lost and high prices for the rise. if you break it down problems increase 8.4 percent in north central region and almost 30 percent in the west while they actually declined in the northeast and south. households earning more than 100,000 also experienced a slight rise in financial trouble. the largest was inability to afford medical care. the economy lost more jobs than created in the last four months. that changes the hardship levels are unlikely to get better. >> devil killer that could be my new nickname. >> that's right. it is 47 minutes after the hour. why are some saying the obama campaign is starting to panic right now? listen here. >> look at the polls they are dropping like a stone for obama. >> charles krauthammer on what i he thinks is the reason for the

drop in the polls. >> what would you ask biden and ryan in the vice presidential debate? we have your answers next. >> see what's coming up on "fox & friends". >> you used to love rick springfield, right? >> my first concert ever. >> he will be joining us. he has a brand new cd liert. >> great. >> he will be talking about that. >> you were talking about the polls dick morris is going to walk gooif us a state of the race at this point. mitt romney currently is surging. the president's campaign the items seen a lot in his campaign ads, big bird. turns out sesame street has received over a million dollars in stimulus money to create 1.47 jobs. we will talk to charles pain on that. who front man pete townsend

reveals once upon a time when they were trying to figure out the name for the band it wasn't the who -- it was -- well i will let you hear from him one hour from right now on the fox news channel. stay with us. [ male announcer ] how do you make america's favorite recipes? just begin with america's favorite soups. bring out chicken broccoli alfredo. or best-ever meatloaf. go to campbellskitchen.com for recipes, plus a valuable coupon. campbell's. it's amazing what soup can do.

>> good morning. it is 8 hours before the top of the hour. they are cutting worker hours at red lobster to avoid the higher costs of obama care. the owner of the restaurants will stop offering full-time schedules for employees in four markets so the company won't be required to provide those people with health insurance. there's a new study out that finds weight watchers is just as good as any clinical program. researchers found that people in

weight watchers lost 10 percent more weight than people on programs run by healthcare professionals. the key they say is to have a group setting and also support from people who are battling the same problem. >> good advice and save you some money, too. the electionr not 27 days away. mitt romney is surging ahead of president obama in national and battle ground polls. will it have the obama campaign in panic mode? charles krauthammer says yes. >> the polls are dropping like a stone for president obama. they created an entire narrative about romney hundreds of millions of dollars of ads showing him as an unfeeling uncaring man who de lights in killing steel worker's wives in raising taxes on the middle class lowering them on the rich. much of this has gone

unresponded to by romney. here you have a debate. the one time when romney can address 67 million americans unfiltered by the media and with no ads to clutter it up. utterly demolishes the strong man of romney -- i mean of obama with argument and facts. he won on an avalanche of fact which totally took apart the narrative. he showed he could not raise the taxes on the middle class. he showed he demonstrated again and again that the share of taxes will remain the same under him. you take away this man you take away the idea of capitalists who cares for no one and there's nothing left in the obama campaign. he can't run on the past. he can't run on the future because he doesn't have a program. he if he can't kill romney he has nothing. the candidates will face each other on a second debate. >> it is time to brew on this.

we have your discussions so far as vice presidential joe died ben and paul ryan go head -- vice presidential joe biden and paul ryan debate. >> what do you see as the role of the vp over the next four years? >> guy from tampa e-mailed us he wants to ask joe biden how much is a fair amount of taxes for the rich to pay? >> big bad jim tweets us, what are you going to do to get us out of $16 trillion in debt and to stop borrowing money? >> thanks everybody who responded. keep the comments coming. it is now 5 minutes before the hour. there is a peaceful video of a storm that is passing but it suddenly leaves this camera person really jumping out of her chair. >> can you figure out the word of the day? there it is. stick around. we will have the answer.

from psoriatic arthritis hit, even the smallest things became difficult. i finally understood what serious joint pain is like. i talked to my rheumatologist and he prescribed enbrel. enbrel can help relieve pain, stiffness, and stop joint damage. because enbrel, etanercept, suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, whilen enbrel, you experice persistent fever, bruising, bleeding, or paleness. [ phil ] get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ doctor ] enbrel, the number one biolog medicine prescribed by rheumatologists.

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>> a minute until the top of the hour. the good, bad and uga sea lion with a net around the net. that is not good. rescuers took it to the center where they will remove the wire. a british couple with a pot company and they bought it at a market. and ugly. the woman filming a thunderstorm got more than she expected from mother nature. lightning hit a tree and created a massive fire ball . no word on damage it might have caused. >> i think she was watching fox in the background. what do you think? >> brian where are you? >> i am right here. so i will